


International Arbitration & Cross-Border Litigation
When disputes arise out of international transactions and investments, most companies prefer to resolve them under trusted international arbitration rules rather than in unfamiliar foreign courts. McMillan lawyers are experienced advocates for clients before a wide range of international arbitration tribunals. We have handled international arbitrations involving parties from all corners of the world, arising from international contracts in virtually all major industries.
We are one of few Canadian law firms to consistently be ranked among the world’s top 100 international arbitration law firms, as selected by Global Arbitration Review. Many of our international arbitration lawyers have also been recognized by leading directories such as Chambers Global, Who’s Who Legal: Commercial Arbitration, Best Lawyers in Canada, Lexpert and Euromoney’s Guide to the Leading Experts in Commercial Arbitration.
When clients invest in emerging economies, McMillan’s international arbitration lawyers can play a critical role. We review dispute resolution provisions in commercial contracts and assist companies to structure their investments to obtain treaty protections from threats of expropriation and other unfair actions of a host state. We also represent investors in arbitrations brought against states under a wide range of bilateral investment treaties and free trade agreements.
McMillan’s Cross-Border Litigation team has appeared before all levels of court in all major Canadian jurisdictions in a wide-range of international litigation. We have addressed challenges to the jurisdiction of Canadian courts over foreign parties and enforced foreign arbitral awards, court judgments and orders, including through pre-judgment orders to preserve assets in Canada. We have also advised businesses on treaties, legislation and customary international law relating to international sales transactions, foreign state immunity and international human rights claims.
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Insights (24 Posts)
McMillan LLP’s CUSMA Dispute Settlement Scoreboard
Overview and analysis of disputes under the Canada-United States-Mexico Agreement, including bi-national panel review, ISDS, and general dispute settlement
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Apr 3, 2023
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Settlement Counsel – valuable addition to the dispute-resolution toolkit
Settlement Counsel is litigation counsel engaged for the sole purpose of resolving a dispute or settling a case.
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Mar 28, 2023
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Court of Appeal Confirms Setting Aside an Arbitral Award is a “Tall” Order
The Ontario Court of Appeal decision in Tall Ships Development Inc. v. Brockville (City) illustrates when a Court will interfere with an arbitration award.
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Mar 8, 2023
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One Year On: Economic Sanctions Have Become a Primary Tool of Canadian Foreign Policy and New Russian Sanctions are Imposed
Canada continues to impose sanctions against additional countries, including Sri Lanka, Haiti, and Myanmar, and joins the G7 Enforcement Coordination Mechanism.
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Mar 1, 2023
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As NAFTA Legacy Claims Window Closes, Canadian Businesses with Investments in Mexico Maintain Important Protections under CPTPP
Time is running out for investors to launch NAFTA legacy claims, however Canadian claimants maintain important protections against Mexico under the CPTPP.
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Mar 1, 2023
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Sanctions Pivot: Canada Seeks Forfeiture of Russian-Owned Assets to Fund Reconstruction of Ukraine and Adds Oil Price-Cap Restrictions
Canada, in a first for G7 states, seeks seizure & forfeiture of sanctioned oligarch's assets for use in compensation & reconstruction of Ukraine.
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Dec 22, 2022
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Modernization of the Investment Canada Act is Underway
The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.
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Dec 12, 2022
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Canada Embraces the Indo-Pacific: New Canadian Strategy Expands Opportunities for Two-way Trade and Investment
Canada announces new Indo-Pacific Strategy, applies to join Indo-Pacific Economic Framework, and what it all means for Canadian businesses.
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Nov 30, 2022
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Single Proceeding Model Trumps Contractual Rights – Arbitration Clause Held “Inoperative” in Insolvency Proceeding
Ontario's highest court has held that an arbitration clause may be unenforceable in an appropriate insolvency proceeding, introducing contractual uncertainty.
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Sep 26, 2022
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Canada Clamps Down on Services Provided to Russia
A description of the June 6, 2022 Canadian sanctions against Russia.
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Jun 13, 2022
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Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional
On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.
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May 25, 2022
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Budget 2022 Amends Legislation to Tackle Unfairly Traded Imports
Changes announced in Budget 2022 make it easier for Canadian producers to tackle unfairly traded imports.
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Apr 13, 2022
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The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies
Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine
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Mar 8, 2022
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Supreme Court of Canada Opens the Door to Novel International Human Rights Claims: The Uncertain Implications for Canadian Resource Companies
In its 5-4 decision in Nevsun Resources Ltd., the Supreme Court of Canada has given Canadian courts the green light to develop new forms of civil liability.
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Mar 2, 2020
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Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions
Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions
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Feb 27, 2020
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Last Chance for Late National Phase Entry into Canada
It is official - Canada's new Patent Rules will come into force on October 30, 2019.
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Aug 9, 2019
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NICARAGUA ALERT – Canada Imposes Sanctions on Certain Nicaraguan Officials
On June 21, 2019, Global Affairs Canada (“GAC”) imposed targeted sanctions against nine Nicaraguan senior public officials
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Jun 25, 2019
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TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019
On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.
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Jun 4, 2019
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What’s in a name – the USMCA is the new NAFTA
On the surface, NAFTA was set aside, replaced by the United States-Mexico-Canada Agreement (USMCA). Look more deeply, and there's evidence that much of the substance of NAFTA remains.
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Oct 4, 2018
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The Comprehensive and Progressive TPP – Countering The Pressures for Protectionism
January 2018, Canadian government announced it will sign the Comprehensive and Progressive Agreement for Trans-Pacific Partnership also referred as "TPP-11".
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Jan 30, 2018
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NAFTA – the sky is not falling – those are just thunder clouds
NAFTA – the sky is not falling – those are just thunder clouds
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Mar 6, 2017
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Appealing the Arbitrator: A New Avenue of Appeal in British Columbia
Appealing the Arbitrator: A New Avenue of Appeal in British Columbia
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Jan 28, 2017
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Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal
Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal
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Oct 24, 2016
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